Can you return a new car in Florida? In nearly all cases, the answer is no. Some states have a 5-day return period for new car purchases, which provides immediate relief if your new car has serious deficiencies. Florida does not have a return period for new cars. If your new car has problems, your only options are to get it fixed, convince the dealership to buy it back from you (sometimes at a steep loss), or use the Florida Lemon Law to enforce the vehicle warranty.
Florida Law on Returning a Car
Florida law does not have a specific provision for returning a new car if there’s nothing wrong with it. If you simply regret your new car purchase and wish to return a vehicle without any underlying defects or issues, you are, unfortunately, out of luck in most cases. The sales contract for a new car purchase is legally binding, and the dealership is under no legal obligation to allow the return of motor vehicles simply due to buyer’s remorse on the part of a vehicle owner. Some dealerships may offer a limited return policy, but this is at the dealer’s discretion and not a legal requirement under Florida law. When shopping for a new car, ask the dealership if they allow returns and what their return policies are. Before you sign to take delivery of a new car, make sure that there is return language in the contract, and that you and the dealership agree on whether or not you can return the car.
Can I Use the Federal Cooling Off Period to Return a New Car in Florida?
Understandably, many car buyers have expressed the wish to return a car shortly after purchasing it, particularly if they are dissatisfied with their purchase. However, contrary to popular belief, the Federal cooling-off rule does not apply to car purchases.
The Federal law applies when you buy or rent things as a consumer, if the thing purchased or rented is worth at least $25, and only if it is not being purchased or rented at a regular store where the seller usually does business. Most people buy cars from a dealership, which is where the seller usually does business.
Federal laws about cooling off also don’t apply to things like insurance, stocks and bonds or arts and crafts sold at fairs. The Federal law also does not apply if you buy a car at a temporary location, like an auto show.
To sum up, there are very few cases where you can return a car in Florida if you are simply unhappy with it. If the car has problems that make it unreliable or unsafe to operate, the Florida Lemon Law may be able to help you.
“Lemons” in Florida Law
The process of invoking rights under the lemon laws starts with the car owner reporting the issue to the manufacturer. Note that the law specifies seeking relief from car manufacturers, not car dealers, under the Lemon Law. A detailed report of the vehicle’s defect should be provided, and the manufacturer must be given a final opportunity to repair the car if the first few (usually three) attempts fail. If the problem remains unresolved after a reasonable number of attempts, the consumer can request a state arbitration by the Florida New Motor Vehicle Arbitration Board.
This board, appointed by the Florida Attorney General, reviews the case and, if the vehicle is deemed a lemon, it orders the manufacturer to buy back the vehicle or replace it with one of equivalent value. It’s essential to note that the decision of the Motor Vehicle Arbitration Board is binding on the manufacturer, but not on the consumer, who can still seek relief through the courts if dissatisfied with the board’s decision.
What If My Car Has a New Car Warranty?
A new car warranty, often referred to as a manufacturer’s warranty, is a promise by the vehicle manufacturer that they will repair certain defects or malfunctions in the vehicle for a specific period of time. In Florida, the Lemon Law applies to defects or conditions covered by the manufacturer’s warranty, so the presence of a warranty is crucial. The legal requirement is that the manufacturer conform the vehicle to the warranty. As a rule, every new vehicle sold in Florida at a dealership will have a manufacturer’s warranty. You should ask for a copy before signing for the vehicle. If a warranty is not offered, do not purchase the vehicle.
The warranty serves as a contract between the buyer and the manufacturer. If a defect is found within the warranty period, the manufacturer must repair the defect at no cost to the consumer. If the manufacturer is unable to fix the vehicle after a reasonable number of attempts, Lemon Law protections come into effect. Note that the warranty will require you to take the vehicle to a manufacturer-designated repair shop, which is generally a dealership. Getting your car repaired at an unauthorized shop will void the warranty and prevent you from using the Lemon Law to return a new vehicle.
If the vehicle cannot be repaired, the manufacturer is required to replace the defective vehicle with a new one or refund the full purchase price to the consumer. However, it’s worth noting that the manufacturer can charge a reasonable offset for use before the first repair attempt that qualifies under the Lemon Law. In other words, if your new vehicle has 10,000 miles on it before the first attempt at a repair, the manufacturer can adjust the buyback price to reflect those 10,000 miles driven.
What Do I Do If I Think a Florida Dealership Ripped Me Off?
One of the biggest fears is the feeling of being taken advantage of or “ripped off.” This can occur when a dealership sells a vehicle at a price significantly higher than its market value, misrepresents the vehicle’s condition or features, or includes unnecessary fees or services in the contract.
If you feel that you have been unfairly treated by a car dealership, Florida law provides several consumer protection statutes to protect you. These laws make it illegal for dealerships to engage in deceptive or unfair trade practices, such as misrepresenting the vehicle’s condition or hiding crucial information about the vehicle’s history.
However, it’s important to thoroughly read and understand the sales contract before signing. The contract is legally binding once signed, and it can be challenging to dispute the terms afterward. Always consult with a Florida attorney if you are unsure about any terms or conditions in any contract.
If the Salesperson Wasn’t Honest
In some instances, a salesperson may not be entirely truthful about a vehicle’s condition or may withhold pertinent information that could impact the car’s value. If a salesperson wasn’t honest with you, it’s important to know your rights and the steps you can take to address the situation.
In Florida, dealerships are required by law to disclose certain information about the vehicle, such as any known mechanical issues, if it has a salvaged title, or if the vehicle was previously used as a rental. If a salesperson lied or failed to disclose these facts, you might have a case for fraud or misrepresentation.
In such situations, you might be able to rescind the purchase contract and get your money back. Legal remedies could also include the dealership compensating you for the difference between the price you paid and the actual value of the car. If you find yourself in this predicament, speak to a Florida attorney to learn about your rights and how to proceed.
How to Avoid Buyer’s Remorse on New Car Purchases in Florida
Since you cannot easily return a new car in Florida, you should take extra time selecting and evaluating a new car. Remember that this is one of the biggest purchases you will make. You should get value and satisfaction from your purchase now, and a reasonable trade valuation down the road.
- Do Your Research. Begin by identifying your needs, budget, and preferences. Research various car models, manufacturers, and dealerships to understand what options are available and how they align with your requirements.
- Don’t Skip the Test Drive. A test drive is an invaluable tool that allows you to assess the car’s handling, comfort, and performance firsthand. Never skip this step or allow a seller to convince you it isn’t necessary. If possible, test drive the vehicle you plan to buy.
- Know the Whole Cost. Another significant aspect to consider is the car’s total cost, including insurance, maintenance and fuel, not just the sticker price. These additional expenses can significantly impact the overall affordability of the vehicle in the long run. If you cannot find cost of ownership data on the vehicle’s sticker, do some research online.
- Shop Around. Shop around for everything. Both new and used car buyers should “shop around” for a car loan, for example. Remember that banks won’t approve a loan if they think you’re getting ripped off, so this can protect you. Shop around for the right new or used vehicle, for the best extended warranties, for money-back guarantees if available, and for everything else involved in the process to ensure you get a fair deal.
- Read the Contract. Take the time to review the contract thoroughly. If you don’t understand something, ask for clarification. Be very aware of anything in the contract that includes a price. Some dealers use this part of the process to push buyers into options and extras that they may not want. Question every cost. Pay close attention to who will be servicing your loan as well and make sure you get an interest rate that is appropriate for your credit score.
How to Check for a Fair Price
Online resources can provide a wealth of information about the average price of new and used cars based on make, model, year, and condition. Websites like Kelly Blue Book can help determine the market value of a car and can be a powerful tool during price negotiations.
In addition to checking online resources, shop around and compare prices. Some dealerships may offer promotions or incentives that can lead to significant savings. However, be wary of prices that seem too good to be true. A price considerably lower than the average could be a red flag indicating possible issues with the vehicle.
Can You Return a New Car in Florida Bought from an Online Dealership?
Online car dealerships are becoming increasingly popular due to their convenience and selection. Like traditional dealerships, online car dealers are not required by Florida state law or any Federal requirements to allow you to return a new car unless that right is specifically included in the sales contract.
Some online dealerships do offer return policies, but these vary widely. Some may offer a “no questions asked” return within a certain timeframe, while others might have more restrictive policies. Be sure to read and understand the return policy before completing your purchase.
Purchasing a new car is a significant investment, and careful consideration should be given to ensure you are making the best choice for your needs and budget. Your rights as a buyer are protected under Florida law, and if you think you’ve been saddled with a lemon, there is something you can do. Call us at 786-767-6964 or contact us online to discuss your case. There is no out-of-pocket cost for a consultation or our legal services unless you win your Florida Lemon Law case.